Legal Opinion

Siemssen v. Homan

Nebraska Supreme Court

Decided December 20, 1892PublishedCited by 4 opinions

Error to the district court for Douglas county. Tried below before Hopewell, J. Whenever a broker.or real estate agent seeks to recover his commission he must establish that he has procured a purchaser who is ready and willing and has the financial ability to complete the purchase. ( Vinton v. Baldwin, 88 Ind.,. 104; Lane v. Albright, 49 Id., 275; Reyman v. Mosher, 71 Id., 596; Moses v. Bierling, 31 N. Y., 462; Mooney v. Elder, 56 Id., 238; Hart v. Hoffman, 44 How.

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Error to the district court for Douglas county. Tried below before Hopewell, J. Whenever a broker.or real estate agent seeks to recover his commission he must establish that he has procured a purchaser who is ready and willing and has the financial ability to complete the purchase. ( Vinton v. Baldwin, 88 Ind.,. 104; Lane v. Albright, 49 Id., 275; Reyman v. Mosher, 71 Id., 596; Moses v. Bierling, 31 N. Y., 462; Mooney v. Elder, 56 Id., 238; Hart v. Hoffman, 44 How. Pr. [N. Y.], 168; Richards v. Jackson, 31 Md., 250; Mechem, Agency, sec. 966; Iselin v. Griffith, 62 la., 668; Coleman v. Mead,…

1Opinion of the CourtPost, J.

This is a petition in error from the district court of Douglas county. The material part of the petition in that court is as follows:

“The plaintiff complains of the defendant for that on or about the 20th day of February, 1889, said defendant placed in the hands of the plaintiff as agent to sell, trade, or dispose of lot 11 in block 33, Kountz Place, an addition to the city of Omaha, on the sale, trade, or disposal of which the defendant agreed to pay the plaintiff the sum of $200. On or about the 27th day of February, 1889, the plaintiff sold, traded, and disposed of said lot for the benefit…

2Cited by4 opinions

  1. Greusel v. DeanSupreme Court of Iowa · 1896
  2. Snyder v. FidlerSupreme Court of Iowa · 1904
  3. Webb v. DurrettCourt of Appeals of Texas · 1911
  4. Fitzer v. St. Paul City Railway Co.Supreme Court of Minnesota · 1908

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